The sole Maricopa County supervisor to extend support for the county recorder over the ongoing elections authority spat has requested court assistance with mediation.
In a filing last week in County Recorder Justin Heap’s case against the board of supervisors before the Maricopa County Superior Court, Supervisor Mark Stewart filed a response amending his vote from opposition against to support for his fellow supervisors’ motion to stay the ruling.
Some interpreted the filing as Stewart backtracking his support for the recorder. Stewart has sided with Heap generally on the proper division of elections authority.
Stewart said ongoing mediation attempts have failed and required court intervention.
“Supervisor Stewart supports a temporary stay solely for the purpose of mediation,” stated the filing. “Previous efforts at mediation have failed despite the parties all claiming a willingness to mediate based upon timing, preconditions, and disagreement over the mediator.”
Stewart requested the court order Heap and the board to attend a mediation before the court appointed mediator within the next two weeks.
In a video posted online, Stewart explained that his filing was not a challenge to the court ruling, like the motion put forth by his colleagues, but simply a means to “alleviate some of the operational ambiguity” within remaining questions of operations so that board and recorder staff could move forward.
“What we do not need is to prolong this conflict. We need a defined path forward,” said Stewart. “While we may have different views on the path forward, I know we all have the same goal of delivering reliable, secure, transparent elections for Maricopa voters.”
Stewart said he didn’t want the case to go to appeal. That was something his fellow supervisors desired.
Background on my court filing:
Court ordered mediation is not about the appeal.
Let’s use the time of the stay to negotiate operational challenges and accept the ruling.
— Mark Stewart Maricopa County Supervisor District 1 (@MarkStewart_AZ) May 5, 2026
Last month, the superior court ruled in Heap’s favor and restored the county recorder’s election powers. The court rejected the board’s claim of plenary authority and declared it had acted unlawfully beyond statutory authority. A specific finding of wrongdoing concerned the removal of personnel, systems, and equipment from the recorder’s office.
The court warned, further, that continued absconding of election powers by the board of supervisors would likely result in voter disenfranchisement.
“The evidence at trial established that the Recorder’s inability to exercise meaningful control over election systems and staff will likely cause concrete operational harms, including inability to timely process provisional ballots under A.R.S. § 16-134, resulting in voters being denied tabulation of the full ballots they had voted and to which they were entitled,” stated the ruling. “These harms will not resolve and may likely increase absent court intervention, particularly as general election cycles approach.”
The board argued in a filing earlier this week that the court’s ruling conflicted with state statute and would interfere with administration of the upcoming jurisdictional election scheduled to occur in less than two weeks.
“This ruling creates confusion about key aspects of election administration including chain of custody, on-site tabulation, and the handing of mail-in ballots on Election Day,” said Board of Supervisors Chair Kate Brophy McGee in a statement. “Making major changes in the middle of the election cycle is not just a terrible idea for voters, it’s going to be almost impossible to implement responsibly.”
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Rep. Andy Biggs (R-AZ-05) introduced legislation this week to create stronger rules on court-ordered federal oversight of police.
The proposed bill is a direct response to the ongoing monitorship of the Maricopa County Sheriff’s Office (MCSO), which began well over a decade ago following racial profiling allegations under the administration of former Sheriff Joe Arpaio.
Biggs’ Monitor Accountability Act would further limit federal district courts’ discretion on monitor selection and duration.
The bill as written would limit monitors to five years of service, prohibit courts from reappointing the same monitors under the same court order, prohibit monitors from coming from the same law firm or employer, cap monitor compensation and encourage courts to require pro bono or reduced-cost work, require public comment on proposed monitors prior to court appointment, limit extensions of monitorship to those without substantial and sustained compliance, and require case reassignment to a different judge after six years.
Additionally, the Monitor Accountability Act would apply retroactively to monitorships older than six years. This would ensure Maricopa County — Biggs’ impetus for the bill — secures a new monitor and judge.
The costs associated with the monitorship have neared $350 million according to Biggs and the county, about a tenth of which has gone to the court-appointed monitor and his firm. Proponents of continued monitorship counter that the actual cost of the monitorship amounts closer to $60 million.
Biggs, who is running to unseat Gov. Katie Hobbs this November, released a statement claiming that the MCSO monitorship, among others, has become exploitative.
“The federal monitor’s continued existence in our county and propensity for moving the goalposts from his original charge only serves to exploit taxpayers and undermine the brave work of the men and women who serve our communities — and this is only one of dozens of similar arrangements across the country,” said Biggs. “It’s time for Congress to take back the reins from rogue judges and monitors who have exceeded appropriate bounds.”
Cochise County Sheriff Mark Dannels joined Biggs’ statement with support for the bill as a corrective measure to prevent further exploitation of the monitor system.
“We’ve seen this problem first-hand in Arizona: Maricopa County has been the victim of a rogue monitor for more than 13 years, costing taxpayers hundreds of millions of dollars and shifting resources away from keeping the community safe,” said Dannels.
The Maricopa County Board of Supervisors filed a motion to end the monitorship last December, and in February testified to a House Judiciary Committee hearing on their effort in court. Biggs led that subcommittee hearing.
The board has pleaded for relief from what it claims to be indefinite taxpayer spending to keep up with ever-moving goalposts.
The Goldwater Institute has also requested the court to publicize the invoices associated with MCSO’s monitorship.
“[T]he government should not be allowed to keep such information secret unless there’s good reason, and even then, they’re required to specify what those reasons are,” stated the organization’s vice president of legal affairs, Timothy Sandefur.
The Department of Justice, who initially filed the lawsuit under former President Barack Obama along with the ACLU, signaled support for an end to MCSO’s monitorship.
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Maricopa County Supervisor Mark Stewart invites residents of District 1 to join him for a virtual town hall meeting on Thursday, May 7, 2026, at 6:00 p.m.
The one-hour webinar will provide an update on Supervisor Stewart’s 2026 priorities, the county budget, upcoming elections, and other key county initiatives. A large portion of the program will be dedicated to a live Q&A, allowing constituents to ask questions directly.
“It’s hard to believe we’re already a quarter into 2026! We have lots to cover,” said Stewart. “We want to hear from YOU! Be sure to bring your questions.”
As a supervisor, Stewart says he is “dedicated to people-focused leadership that improves quality of life, supports sustainable growth, and reflects the core values of Maricopa County.” He believes his approach “prioritizes transparency and accountability, ensuring that both residents and businesses have the opportunity to prosper.”
The virtual town hall is open to residents of Maricopa County Supervisor District 1, which includes parts of Chandler, Gilbert, Mesa, Phoenix, Queen Creek, and Tempe.
Registration is required. Residents can register for the event using the official registration link available through the Maricopa County Supervisor District 1 office.
Ethan Faverino is a reporter for AZ Free News. You can send him news tips using this link.
Maricopa County officials are highlighting updated options for voters who receive ballots by mail as part of preparations for the 2026 election cycle.
In a recent post on X, the county directed voters to information outlining “more options for voters who receive their ballot in the mail,” including guidance on how and where to return ballots.
Arizona is a predominantly a vote-by-mail state, with the majority of voters participating through the Active Early Voting List (AEVL), which automatically sends ballots to registered voters ahead of elections. According to the Arizona Secretary of State’s Office, early voting typically begins 27 days before an election.
A new state law taking effect in 2026 provides additional options for voters returning early ballots, including expanded in-person verification and tabulation procedures.
According to Maricopa County election officials in a recent video update, voters who bring a sealed early ballot in the required affidavit envelope to a Vote Center prior to Election Day may check in and provide identification, allowing the ballot to be processed without signature verification at the county’s central tabulation facility.
On Election Day, voters may also bring their early ballot to a Vote Center, check in, present identification, and have the ballot tabulated on-site using equipment designated for early ballots. County officials noted these tabulators are distinct from those used for ballots issued and cast in person on Election Day. Ballots tabulated at Vote Centers are included in Election Night results.
Voters may continue to return early ballots by mail or by depositing them in authorized drop boxes. Under Arizona law, early ballots must be received by 7 p.m. on Election Day to be counted.
Maricopa County elections are administered jointly by the Board of Supervisors and the Recorder’s Office, which oversees voter registration and early voting.
Ongoing disputes between the Maricopa County Board of Supervisors and the Recorder’s Office over election administration responsibilities have resulted in litigation and disagreements regarding control over certain election functions since Recorder Justin Heap took office in January 2025.
Maricopa County Supervisor Debbie Lesko also addressed election administration in recent statements, emphasizing coordination between county offices responsible for conducting elections.
Speaking to KTAR News’ The Mike Broomhead Show on March 6, Lesko said, “We need to work together to run smooth elections, and what has transpired is frustrating, but we’re working it out between the Recorder’s Office and the Board of Supervisors.”
In a March ruling, a Maricopa County Superior Court judge denied a request from the Board of Supervisors to introduce testimony compelled from Heap, finding the board’s actions fell outside proper legal procedures and could interfere with ongoing proceedings.
The court also raised concerns about the board’s use of subpoenas and attempts to introduce evidence obtained outside the judicial process, while the broader legal dispute between the two offices remains unresolved.
Supervisor Mark Stewart, however, expressed optimism at the time, saying that the parties were nearing a resolution following the Court’s ruling.
“Regardless of the back-and-forth or expressed frustrations from the Recorder’s office and the Board Chair, we are making progress and working together. It may not be perfect, but it is happening,” Stewart said.
County officials have continued to provide voter education materials and updates as part of ongoing preparations for the 2026 election cycle.
Arizona House Majority Whip Julie Wiloughby (R-LD13) praised a recent Trump administration decision recognizing the significant impact of internal emissions on Arizona’s ability to meet federal air quality standards.
The ruling grants the Phoenix metropolitan area relief from stricter federal requirements, opening the door for potential long-term reforms to the state’s expensive summer gasoline blend mandated in Maricopa and Pinal Counties.
The decision, issued last week by the U.S. Environmental Protection Agency (EPA), found that the Phoenix-Mesa nonattainment area would have met the 2015 ozone National Ambient Air Quality Standards (NAAQS) if not for emissions originating outside the United States. This finding, under Section 179B of the Clean Air Act, prevents reclassification to a more severe status. It acknowledges that a major share of emissions affecting Arizona is beyond the state’s control.
For months, Willoughby has collaborated with local and federal officials to pursue reforms addressing Arizona’s higher summer fuel costs. In January, she sent a letter to the EPA initiating discussions on permanent changes to lower costs for families while maintaining compliance with air quality standards.
“The main reason drivers in Maricopa and Pinal counties pay more for gas in the summer is that these areas are forced to use a special boutique blend made only for Arizona,” explained Willoughby. “It costs more to produce, limits supply, and leaves our state more vulnerable to price spikes. The question is whether this requirement is still doing anything meaningful to improve air quality. If it is not, then Arizona families are being forced to pay more for little to no benefit.”
Willoughby noted that industry operations are cleaner and national fuel standards have evolved since Arizona’s blend was last updated. “Industry is cleaner today than it was when Arizona’s blend was last updated, and fuel standards nationwide have changed significantly since then. There is a strong possibility that Arizona can move to a lower-cost fuel option without sacrificing air quality. If the evidence supports that conclusion, we should act immediately.”
To advance the issue, Willoughby introduced a package of five measures aimed at lowering fuel costs, evaluating compliant fuel options, and requiring the state to adopt a lower-cost fuel once federally approved.
“In order to change the blend, Arizona must submit a request to the EPA to revise our State Implementation Plan and show that we can still meet federal air quality standards with the new blend,” added Willoughby. “The modeling used to make that demonstration must take into account the fact that a major share of the emissions affecting our state comes from outside our borders and is beyond Arizona’s control. The Trump Administration’s recent decision recognizing international transport acknowledges this impact and gives Arizona more room to reevaluate whether our current fuel requirements are still justified. With the federal government signaling openness, this may be our best and only opportunity to get this done.”
In February, Willoughby requested that the Maricopa Association of Governments (MAG) model the impacts of switching from Arizona’s current boutique gasoline blend (Reid Vapor Pressure of 7.0 psi) to a more widely available, lower-cost blend with an RVP of 7.4 psi.
Preliminary modeling completed in March showed that the switch would increase the maximum ozone concentration in the Phoenix metropolitan area by between zero and 0.01 parts per billion.
“That is a negligible impact and more than enough reason to move this conversation forward,” continued Willoughby. “Just as important, Governor Hobbs’ administration already has these results. MAG provided the modeling to her Department of Environmental Quality, which means the Governor could begin acting on this now if she wanted to. She does not need to wait. She does not need more excuses. If Governor Hobbs is serious about lowering fuel costs, she should direct her agency to act immediately.”
In a follow-up letter to MAG Director of Environmental Planning, Matt Poppen, Willoughby highlighted the positive results from the Comprehensive Air Quality Model with Extensions (CAMx v7.32) and Community Multiscale Air Quality (CMAQ v5.5) analyses. The CAMx results showed no changes in the 2023 design value attainment at any monitoring site, while CMAQ predicted a maximum impact of just 0.01 ppb at three sites.
Willoughby also requested additional modeling for a Federal Reformed Gasoline blend with an RVP of 7.8 psi, used in some other western states, and discussions on next steps for a State Implementation Plan revision.
“The modeling is favorable. The facts are lining up in Arizona’s favor. We should seize this opportunity and make the case for lasting gas affordability now,” concluded Willoughby.
Ethan Faverino is a reporter for AZ Free News. You can send him news tips using this link.
